Lawmakers should enact strong ethics legislation

Published: Friday, March 1, 2013 at 5:30 a.m.

Last Modified: Thursday, February 28, 2013 at 6:21 p.m.

The Florida Legislature is considering some much-needed ethics rules for public officials, but the proposed law still needs work.

The problem with the proposal, Senate Bill 2, is that part of the law proposes very loose restrictions on lobbying and disclosure. The Legislature needs to remind itself that this bill is an opportunity to remove some of the taint of scandal from Florida politics and improve the reputation of state government. Lawmakers need to take a tough stand on the ethics issue.

The way to guide this ethics bill is to focus on better disclosure of gifts, more transparency for things such as conflict-of-interest votes and blind trusts, and more consistent application of penalties and enforcement. The state can do better in compelling officials to report blind trusts and conflicts of interest. And wayward officials need to be forced to pay their penalties and fines.

Senate Bill 2 has been put at the top of the queue for the Legislature, and is a top legislative goal of Senate President Don Gaetz, R-Niceville. It is likely to be one of the first bills passed during the 2013 session.

The bill has some excellent features. It would create a long-overdue system for electronic filing of financial disclosure reports. The measure also would restrict dual employment — when a lawmaker holds office and also works for a state college or a state-related public agency.

New ethics legislation is an appropriate response to Florida's reputation as a corrupt state. According to the Palm Beach Post, the Sunshine State led the nation in federal public-corruption convictions, with 781 from 2000 to 2010.

Ethics watchdogs are happy with the Legislature's new focus on ethics, but they have some problems with Senate Bill 2.

One legitimate concern is that the Florida Commission on Ethics won't be empowered to initiate an investigation on its own. The commission is still dependent upon reporting from outside sources. That serves as a tight leash on our so-called ethics watchdogs.

The bill also contains a rather large loophole for officials to amend their disclosure reports. The bill would allow a 30-day period to be granted after a mistake or oversight is found on disclosure reports. That extra time diminishes the importance of the original deadline and gives officials one more reason not to take the disclosure system seriously. Many officials already have a casual attitude about filing such forms and paying the penalties.

Senate Bill 2 also requires a two-year "cooling off period," from the time lawmakers leave the Legislature to when they begin lobbying the governor's office and state agencies. Such a waiting time exists for ex-lawmakers now: They have to wait two years before they can lobby the Legislature. The executive branch provision plugs a huge loophole.

Ex-lawmakers tend to become influential lobbyists. This is the reason for the "revolving door" between the Legislature and Tallahassee lobbying firms. Many former lawmakers — including recently retired House Speaker Dean Cannon — become lobbyists in Tallahassee after they leave the Legislature.

But this new restriction doesn't take effect until 2015. The delay of a "cooling off" period until 2015 indicates some lawmakers wanted to lobby the state after they leave the Legislature at the end of 2014. There is no reason for the delay in the implementation of this restriction but for that concern — a concern that is counter to the public's interest.

Florida government doesn't need restrictions and regulations as much as it needs disclosure and transparency. Lobbying and campaign fundraising are part of the democratic process. Those who propose restrictions on lobbying must take into account First Amendment concerns.

But with an emphasis on disclosure, transparency and reasonable restrictions on possible conflicts of interest, the Legislature can improve the ethical climate and build public trust in government.

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